COMMENT DUE DATE:
February 14, 2020
DATE:
January 15, 2020
Cherrilyn McLane, Administrative Law Judge, OAH 405-522-2596
Dena Thayer, Programs Administrator, Legal Services - Policy 405-521-4326
Nancy Kelly, Policy Specialist, Legal Services - Policy 405-522-6703
RE:
APA WF 20-2E
The proposed policy is Permanent . This proposal is subject to Administrative Procedures Act
It is important that you provide your comments regarding the draft copy of policy by the comment due date.Comments are directed to *STO.LegalServices.Policy@okdhs.org.The proposed amendments are permanent.
A public hearing is scheduled for 10:00 a.m. on February 24, 2020, at DHS, Sequoyah Memorial Office Building, 2400 N. Lincoln Boulevard, Oklahoma City, Oklahoma 73105, Room C-48.Anyone who wants to speak must sign in at the door by 10:05 a.m.
SUBJECT:CHAPTER 2. ADMINISTRATIVE COMPONENTS
Subchapter 28. Office of Administrative Hearings:Child Support
340:2-28-3.1 [NEW]
340:2-28-11.1 [NEW]
340:2-28-17.2 [AMENDED]
340:2-28-22.1 [NEW]
340:2-28-25 [AMENDED]
340:2-28-25.1 [NEW]
340:2-28-25.2 [NEW]
340:2-28-55 [AMENDED]
(Reference WF 20-2E)
SUMMARY:
The proposed rules are necessary, after review of state trial and appellate court rules in effect in Oklahoma, to update, modernize, and improve the rules which delineate, and provide transparency to, certain functional aspects of the Office of Administrative Hearings: Child Support's (OAH) operations.The administrative rules in Subchapter 28, as referenced, are OAH's administrative court rules.The requested new rules allow OAH's Administrative Law Judges (ALJ) the flexibility to prevent a manifest injustice in the application of OAH's court rules in a particular instance, when warranted; to provide examples of certain permissible types of ex parte communication; and to have the discretion to prevent personal devices from detracting from court proceedings.
Further, the proposed new rules define how sealing and redaction may be utilized, with regard to key personal identifiers, such as Social Security, tax identification, routing, or financial account numbers, or other sensitive information; provide a method for correcting filing errors by moving a document from the wrong case record and placing it into the correct case record; and deem the redaction of any original paper document maintained in OAH's case records to be permanent.
In addition, the requested amendments refine the use of electronic signatures and documents; clarify which documents, in an appeal, will be included in the record submitted to the appellate court, and update OAH's appeal procedure consistent with recent legislative amendments, effective November 1, 2019, to the governing statute, Section 240.3 of Title 56 of the Oklahoma Statutes (56 O.S. § 240.3).
PERMANENT APPROVAL:Permanent rulemaking is requested.
LEGAL AUTHORITY:Director of Human Services; 56 O.S. §§ 162 and 237; 12 O.S. §§ 32.1 and 3226(C)(2); 51 O.S. §§ 24A.2, 24A.5, 24A.25, 24A.29, and 24A.30; 56 O.S. §§ 237.9a and 240.3; Code of Judicial Conduct, Rule 2.9, Appendix 4 of Title 5 of the Oklahoma Statutes; and OAC: 340:2-28-1, et seq.
Rules 2.6 and 2.7, Rules of the Oklahoma Court of Criminal Appeals, Title 22, Ch. 18, Appendix, of the Oklahoma Statutes; Rules 2.1, 31, and 34, Rules for District Courts of Oklahoma, Title 12, Chp.2, Appendix, of the Oklahoma Statutes.
Rules 5, 10.1, and 39.1, Rules of the Seventh and Twenty-Sixth Judicial Districts [Oklahoma and Canadian Counties]; General Rule 11 and Civil Rule 35, Rules of the Fourteenth Judicial District [Tulsa and Pawnee Counties]; Rules 28 and 33, Rules of the Fifteenth Judicial District [Adair and Sequoyah Counties]; Rules 3 and 6, Rules of the Fifteenth Judicial District [Cherokee and Wagoner Counties]; Rules 15 and 18, Rules of the Fifteenth Judicial District [Muskogee County]; and Rule1.3, Rules of the Eighteenth Judicial District.
21 C.J.S. Courts § 126, pp. 144-45:
While courts are very generally authorized by constitutional or statutory provisions to make their own rules for the regulation of their practice and procedure, it is also generally stated that courts have inherent or plenary authority to make their own rules.
A court, however, in promulgating its rules is subject to limitations based on reasonableness and conformity to constitutional and statutory provisions, and their validity will be tested by the same standards applicable to statutes.(Footnotes omitted.)
Rule Impact Statement
To:Programs Administrator
Legal Services
From: Ron Baze, General Counsel
Date:December 13, 2019
Re:CHAPTER 2. ADMINISTRATIVE COMPONENTS
Subchapter 28. Office of Administrative Hearings:Child Support
340:2-28-3.1 [NEW]
340:2-28-11.1 [NEW]
340:2-28-17.2 [AMENDED]
340:2-28-22.1 [NEW]
340:2-28-25 [AMENDED]
340:2-28-25.1 [NEW]
340:2-28-25.2 [NEW]
340:2-28-55 [AMENDED]
(Reference WF 20-2E)
Contact:Cherrilyn McLane (405) 522-2596
A.Brief description of the purpose of the proposed rules:
Purpose.The proposed rules are necessary, after review of state trial and appellate court rules in effect in Oklahoma, to update, modernize, and improve the rules which delineate, and provide transparency to, certain functional aspects of the Office of Administrative Hearings: Child Support's (OAH) operations.The administrative rules in Subchapter 28, as referenced, are OAH's administrative court rules.The requested new rules allow OAH's Administrative Law Judges (ALJ) the flexibility to prevent a manifest injustice in the application of OAH's court rules in a particular instance, when warranted; to provide examples of certain permissible types of ex parte communication; and to have the discretion to prevent personal devices from detracting from court proceedings.Further, the proposed new rules define how sealing and redaction may be utilized, with regard to key personal identifiers, such as Social Security, tax identification, routing, or financial account numbers, or other sensitive information; provide a method for correcting filing errors by moving a document from the wrong case record and placing it into the correct case record; and deem the redaction of any original paper document maintained in OAH's case records to be permanent.In addition, the requested amendments refine the use of electronic signatures and documents; clarify which documents, in an appeal, will be included in the record submitted to the appellate court, and update OAH's appeal procedure consistent with recent legislative amendments, effective November 1, 2019, to the governing statute, Section 240.3 of Title 56 of the Oklahoma Statutes (56 O.S. § 240.3).
Strategic Plan Impact.
The proposed additions and revisions are necessary to update OAH's court rules to address or refine OAH's procedures regarding identified issues, such as privacy and confidentiality and the use of personal devices during proceedings.The issues which are the subject of OAH's proposals, by and large, are already addressed in the court rules of Oklahoma's trial and appellate courts.The changes are necessitated by the referenced legislative amendments and by changing concerns, procedures, and advances.
Substantive changes.
Oklahoma Administrative Code (OAC) 340:2-28-3.1 The new rule allows OAH's judgesthe flexibility to prevent a manifest injustice in the application of OAH's court rules in a particular instance, when warranted.
OAC 340:2-28-11.1 The new rule provides examples of certain permissible types of ex parte communication, particularly with respect to pragmatic concerns involving the physical/technological arrangements needed for a particular hearing to address any requested, reasonable accommodations in advance of a hearing date.In addition, the new rule provides that Child Support Services ("CSS") and OAH's personnel may communicate as to the existence of a CSS family violence indicator in a particular case, which is an intra-agency functional necessity.
OAC 340:2-28-17.2 The amended rule refines and clarifies the current use of electronic signatures and documents; a secondary benefit is the revision of the language in the existing rule to meet current policy standards regarding readability and understanding of the rule.
OAC 340:2-28-22.1 The new rule clarifies that OAH's judges have the discretion to prevent personal devices from detracting from court proceedings.
OAC 340:2-28-25 This amended rule clarifies that only the documents included in the designation(s) and counter-designation(s) of record filed in an appeal will be included in the record submitted to the appellate court.
OAC 340:2-28-25.1 The new rule explains how sealing and redaction may be utilized to protect key personal identifiers (i.e. Social Security, tax identification, routing, or financial account numbers) or other sensitive information and provides a method for correcting filing errors by moving a document from the wrong case record into the correct case record.
OAC 340:2-28-25.2 This new rule deems the redaction of any original paper document maintained in OAH's case records to be permanent, which in practical effect will simplify the preparation of the record or the certification of an order by eliminating the possibility that a redacted, original paper document might, itself, be "unredacted" by some means.
OAC 340:2-28-55 This amended rule updates OAH's appeal procedure to mirror the legislative amendments, effective November 1, 2019, to the governing statute, Section 240.3 of Title 56 of the Oklahoma Statutes.
Reasons.
The changes to OAH's court rules and operational procedures are implicitly mandated, in part, by the referenced legislative amendments, and the remainder are needed to address changing concerns and advances, in step with Oklahoma's trial and appellate courts.
Repercussions.
No negative repercussions have been identified.
Legal authority.
Director of Human Services; 56 O.S. §§ 162 and 237; 12 O.S. §§ 32.1 and 3226(C)(2); 51 O.S. §§ 24A.2, 24A.5, 24A.25, 24A.29, and 24A.30; 56 O.S. §§ 237.9a and 240.3; Code of Judicial Conduct, Rule 2.9, Appendix 4 of Title 5 of the Oklahoma Statutes; and OAC: 340:2-28-1, et seq.
Rules 2.6 and 2.7, Rules of the Oklahoma Court of Criminal Appeals, Title 22, Ch. 18, Appendix, of the Oklahoma Statutes; Rules 2.1, 31, and 34, Rules for District Courts of Oklahoma, Title 12, Chp.2, Appendix, of the Oklahoma Statutes.
Rules 5, 10.1, and 39.1, Rules of the Seventh and Twenty-Sixth Judicial Districts [Oklahoma and Canadian Counties]; General Rule 11 and Civil Rule 35, Rules of the Fourteenth Judicial District [Tulsa and Pawnee Counties]; Rules 28 and 33, Rules of the Fifteenth Judicial District [Adair and Sequoyah Counties]; Rules 3 and 6, Rules of the Fifteenth Judicial District [Cherokee and Wagoner Counties]; Rules 15 and 18, Rules of the Fifteenth Judicial District [Muskogee County]; and Rule1.3, Rules of the Eighteenth Judicial District.
21 C.J.S. Courts § 126, pp. 144-45:
While courts are very generally authorized by constitutional or statutory provisions to make their own rules for the regulation of their practice and procedure, it is also generally stated that courts have inherent or plenary authority to make their own rules.
A court, however, in promulgating its rules is subject to limitations based on reasonableness and conformity to constitutional and statutory provisions, and their validity will be tested by the same standards applicable to statutes.
(Footnotes omitted.)
Permanent rulemaking approval is requested.
B.A description of the classes of persons who most likely will be affected by the proposed rule, including classes that will bear the costs of the proposed rule, and any information on cost impacts received by the Agency from any private or public entities: The classes of persons mostly affected are Child Support Services (CSS) staff, child support obligors, and custodial persons to whom child support is to be paid.There are no identifiable costs associated with the proposed rule(s).
C.A description of the classes of persons who will benefit from the proposed rule:The classes of person who will benefit are CSS staff, child support obligors, and custodial persons to whom child support is to be paid.
D.A description of the probable economic impact of the proposed rule upon the affected classes of persons or political subdivisions, including a listing of all fee changes and, whenever possible, a separate justification for each fee change:There are no identifiable costs associated with the proposed rule(s) and no fee changes.
E.The probable costs and benefits to the Agency and to any other agency of the implementation and enforcement of the proposed rule, the source of revenue to be used for implementation and enforcement of the proposed rule and any anticipated effect on state revenues, including a projected net loss or gain in such revenues if it can be projected by the Agency:There are no identifiable costs associated with the proposed rule revisions and additions.The benefit to DHS and the classes of all affected persons is OAH's overall improved operational efficiency; plain language revisions to increase compliance and avoid delays; guidance as to privacy and confidentiality issues, as well as the use of personal devices during proceedings; and clarity as to appeal procedures, including the record for appeal.There is no identifiable impact upon state revenues.
F.A determination whether implementation of the proposed rule will have an impact on any political subdivisions or require their cooperation in implementing or enforcing the rule:There is no identifiable impact on any political subdivisions nor is cooperation required.
G.A determination whether implementation of the proposed rule will have an adverse economic effect on small business as provided by the Oklahoma Small Business Regulatory Flexibility Act:There is no identifiable adverse economic effect on small business per the Oklahoma Small Business Regulatory Flexibility Act.
H.An explanation of the measures the Agency has taken to minimize compliance costs and a determination whether there are less costly or nonregulatory methods or less intrusive methods for achieving the purpose of the proposed rule:There are no identifiable costs associated with the proposed rule, and, therefore, there are no less costly or nonregulatory methods or less intrusive methods for achieving the purpose of the proposed rule.
I.A determination of the effect of the proposed rule on the public health, safety, and environment and, if the proposed rule is designed to reduce significant risks to the public health, safety, and environment, an explanation of the nature of the risk and to what extent the proposed rule will reduce the risk: There is no identifiable effect or impact by the proposed rule on the public health, safety, and environment, if the rule is implemented.
J.A determination of any detrimental effect on the public health, safety, and environment if the proposed rule is not implemented:There is no identifiable effect or impact by the proposed rule on the public health, safety, and environment, if the rule is not implemented.
K.The date the rule impact statement was prepared and, if modified, the date prepared: December 13, 2019.
SUBCHAPTER 28. OFFICE OF ADMINISTRATIVE HEARINGS: CHILD SUPPORT
340:2-28-3.1 Waiver
Upon a finding by the Office of Administrative Hearings: Child Support (OAH) that any rule in this Subchapter works a manifest injustice, the same rule may be waived for that particular instance.An express finding of manifest injustice on the record is not required for such waiver. All parties and attorneys will be given notice and an opportunity to respond before a decision is made.
340:2-28-11.1 Ex parte communication
Ex parte communications are governed by Rule 2.9, Appendix 4 of Title 5 of the Oklahoma Statutes.Communication with the Office of Administrative Hearings: Child Support (OAH) regarding scheduling and procedural matters is permitted and includes physical and/or technical requirements, preferences, or requested accommodations regarding the hearing setting and/or arrangement, per Rule 2.9.Child Support Services (CSS) and OAH are permitted to communicate regarding the creation/existence of a CSS family violence indicator in a particular case, per Rule 2.9.
340:2-28-17.2. Pleadings and motion practice
(a) Signatures on documents Document signatures.
(1) Signing of pleadings.Every pleading and motion filed with the Office of Administrative Hearings:Child Support (OAH) must be signed by an attorney of record, whose Oklahoma Bar Association (OBA) identification number must be stated, or, if when the party is not represented by an attorney, must be signed by the party.A pleading is any document that contains statements or allegations that constitute a cause of action or defense.Each pleading and motion must include the address of the signer signer's address and telephone phone number, if any.Except as provided by rule or statute, pleadings Pleadings need not be supported by affidavit except as provided for by rule or statute.A pleading is any document that contains statements or allegations that constitute a cause of action or defense.
(2) Signing of other documents.Other documents, such as legally-mandated administrative notices issued by the Child Support Enforcement Division (CSED) Child Support Services (CSS) to notify obligors of proposed enforcement actions, to be taken by CSED do not require an attorney's signature.
(3) Electronic signatures Signatures submitted through electronic means.Secured electronic mediums, approved by OAH that attach an electronic signature or notary stamp are acceptable to meet the signature requirements.Electronic mediums that attach an electronic signature are acceptable to meet signature requirements.In addition to electronic transmittals of documents and electronic signatures, signatures on any document transmitted by electronic means including, but not limited to, facsimile, scan, or email have the same force and effect as an original, physical signature, per Section 237.9a of Title 56 of the Oklahoma Statutes.This provision does not authorize filing documents through email.
(b) Practice.
(1) Form, filing, and service.
(A) The original and copies of all pleadings in proceedings and matters presented to All documents, other than exhibits, are filed in the case, prior to consideration by an administrative law judge (ALJ) must be filed with OAH.All OAH retains all paper produced originals are retained by OAH.Electronic filed in paper form and maintains electronic submissions are digitally maintained, by OAH pursuant to per state record requirements.All paper or electronically submitted pleadings A pleading or motion must be filed prior to any administrative proceedings proceeding being docketed.
(B) Pleadings and motions Documents filed in OAH, in paper form, must be typewritten or legibly hand-written on white paper, size 8½ by 11 inches.Both paper and electronically submitted pleadings and motions must have the proper style of the case indicating the parties' names, OAH number, and IV-D case number, or family group number (FGN).All documents, other than exhibits, must contain a case style, which is a document heading containing the name of this administrative court, the parties' names, appropriate roles, and assigned case numbers.The party filing the initial request for action by OAH is generally designated as the petitioner or petitioner/plaintiff.The opposing party is usually named as the respondent or respondent/defendant.The custodian(s) must be listed, when not already included in the style as a party, under the case numbers.The case numbers listed in the style must include the OAH number and the Title IV-D, family group number (FGN), or CSS number.The associated district court case number is included, when available.Both conventional and "in re" styles are permitted.Parties are encouraged to maintain a consistent style, similar to one that may have been used in prior child support-related actions, between the same parties, provided the information is complete and accurate.
(i) If When filed by an attorney, the name, OBA number, address, and telephone number preferred phone numbers must be shown on the last signature page of the instrument document.
(ii) If When filed by a party not represented by a lawyer, that the party is considered a pro se party, and must sign his or her name and type or legibly print his or her name, mailing address, zip Zip code, and telephone number preferred phone numbers on the last signature page of the instrument filed document.
(iii) A notice of paternity and support obligations must be titled In the Interest of the Children of ________and ________, and must list the names of both the mother and the father or alleged father.The party filing the proceeding is the petitioner.The names of the obligor and the custodians must be listed under the case numbers.
(iv) A notice of a support debt to establish current support and support owed for past months in accordance with the child support guidelines must be titled In the Interest of the Children of _________and _________, and must list the names of both the mother and the father.The party filing the proceeding is the petitioner.The names of the obligor and the custodians must be listed under the case numbers.
(C) All documents in a proceeding, whether produced on paper or electronically submitted other than exhibits, must be served as required by rule or statute.Proof of service must be filed with OAH for each service made and must establish on its face that regulatory and statutory requirements for service are satisfied.
(D) Parties or attorneys filing motions or pleadings, produced on paper or electronically submitted, after the filing of the notice initiating the action must file the original with A copy of all documents, other than exhibits, filed in OAH or submit it electronically and deliver or mail a paper or electronic copy to the opposing party or counsel of record must be provided to all other pro se parties and attorneys of record.A certificate of mailing, delivery, or service must be filed with OAH.
(E) Upon failure to comply with the requirements in this Section, the ALJ may, among other sanctions, continue the cause of action until satisfactory compliance or deny the requested relief.
(F) Requests that do not comply with the requirements of (A) through (E) of this paragraph are considered only at the ALJ's discretion of the ALJ.
(G) Documents submitted through a secured secure electronic means approved by OAH will meet the requirement of original documents as set forth in this Section.
(2) Motions.
(A) This paragraph does not prohibit oral motions; however written motions are preferred.
(A)(B) An original motion, produced on paper or in an electronic document submitted through a secured electronic means approved by OAH, must be filed with OAH with copies, on paper or electronically, served upon opposing parties.Motions All motions must be in writing, stating state the legal basis for supporting the motion, relief or action requested, and whether if the opposing party objects, if when known.
(i) The name, OBA identification number, address, and phone number of the attorney must be shown on the last page of the instrument.
(ii) If a person filing the pleading is not represented by a lawyer, that party must sign his or her name and type or legibly print his or her name, address, business and home telephone numbers and zip code.
(B)(C) The ALJ determines whether oral if a hearing or oral argument is necessary on a motion and, if so, provides pro se parties and all attorneys of record with notice of the specific hearing date, time, and place.
(C)(D) Briefs or responses that do not comply with this paragraph are considered only at the ALJ's discretion of the ALJ.
(D) This paragraph does not prohibit oral motions.The preferred method of filing documents, including motions, is through an electronic means approved by OAH.
(3) Briefs.Briefs and responses must comply with applicable statutes and deadlines.
(A) Reply and response briefs must be delivered to the ALJ at least three working filed three-business days prior to any hearing.Each brief must be clearly styled to show:
(i) whether if it is in support of a motion, in opposition of a motion, or a reply brief;
(ii) the particular application or proceeding to which it relates; and
(iii) the party or parties on whose behalf it is presented.
(B) Briefs, if when required, must not exceed 20 pages in length without prior ALJ permission of the ALJ.
(C) Reply briefs must be limited to five pages in length, without prior ALJ permission.
(D) No further briefs may be filed without ALJ permission of the ALJ.
(E) Briefs and responses that do not comply with this paragraph are considered only at the ALJ's discretion of the ALJ.
(4) Extensions of time Time extensions.Except at the ALJ's discretion of the ALJ, all requests for extensions of time must contain:
(A) the original due date for the response;
(B) the amount of additional time requested;
(C) the reason for the request;
(D) the current status of the case, including the next hearing date, if when a hearing has been is scheduled; and
(E) a statement that the opposing pro se party or the opposing party's counsel has been was contacted regarding the extension and either consents or objects to the extension; or in the alternative, a statement that a good faith effort was made to comply but the opposing pro se party or the opposing party's counsel was unavailable.
(5) Discovery not to be filed.Depositions, interrogatories, requests for admissions, requests Requests for production of documents, and responses the purpose of discovery must not be filed with OAH, unless the discovery document accompanies a pleading, motion, a response to a motion the administrative notice, or is an attachment to a motion or response to a motion, or is ordered by the ALJ.A motion Motions to compel discovery or discovery motion motions for protective order must include either a verbatim recitation or a copy of the interrogatory, question, request, answer, response, or objection which is the subject of the motion are permitted.
(A) Any discovery that contains confidential information personal identifiers, such as bank account numbers, routing numbers, taxpayer identification, or Social Security numbers, may be redacted by the party submitting the documents.If When the numbers are relevant to the case, redacting all numbers except for the last four digits is acceptable.The party submitting the redacted documents must not redact the originals; the redaction is made on copies of the originals, with the redacted copies submitted in substitution for the originals.
(B) It is the responsibility of the party submitting the documents to redact any sensitive material.
(6) Disputed discovery motions.No A hearing on a discovery dispute may not be set unless the moving party or counsel advises the ALJ in the motion that the party or counsel has conferred or has attempted to confer, in good faith, about the dispute, with the opposing party or opposing party's counsel, non-movant but has been and was unable to resolve the dispute.
(7) Withdrawal of counsel Counsel withdrawal.When submitting an application or motion to withdraw and a proposed order allowing withdrawal, counsel must comply with the requirements in this paragraph (A) through (B) of this paragraph.
(A) Every application to withdraw as counsel must contain:
(i) a statement of grounds for withdrawal;
(ii) the current case status of the case, including the next hearing date, if when a hearing has been is scheduled;
(iii) whether if new or substitute counsel has been was obtained by the client and entered an appearance; and
(iv) a certificate of mailing, delivery, or service to the party or custodian showing the last known mailing address client and to all other pro se parties and attorneys of record in the case.
(B) No application to withdraw may be considered unless it is submitted to the ALJ at least ten days prior to the date on which a hearing is scheduled.
(C) Every proposed order allowing withdrawal must contain a statement of the case's current status, including the next hearing date, if when a hearing has been is scheduled, and a certificate of mailing, delivery, or service to the party or custodian, showing the last known mailing address, movant's client, and to all other pro se parties, and attorneys of record.
340:2-28-22.1 Use of devices at hearings
(a) Audio or video recordings including photography, not made by an administrative law judge (ALJ) or court clerk, and broadcasting, of any type or means, during hearings is prohibited.
(b) The ALJ may:
(1) allow the use of personal phones, wireless laptops, or other electronic communication devices at his or her discretion;
(2) allow limited use of devices for a particular purpose;
(3) allow the devices to remain within the hearing room only when turned off; or
(4) prohibit such devices being physically present during a hearing.
(c) Persons violating this rule may be excused from the hearing or denied further participation in proceedings.
340:2-28-25. Record for appeal
The certified transcript, exhibits, briefs, memorandum of law, and any written orders constitute the record for appeal to the district court.Parties must file a designation of record with the Office of Administrative Hearings: Child Support indicating which documents in the administrative record are to be sent to the appellate court.The record for appeal prepared and sent by Office of Administrative Hearings: Child Support (OAH) to the appellate court is those documents included in the designation(s) and counter- designation(s) of record.
340:2-28-25.1 Privacy and confidentiality
(a) Filings under seal.Although the Office of Administrative Hearings: Child Support (OAH) court records are public records, per Section 32.1 of Title 12 of the Oklahoma Statutes (12 O.S. § 32.1) and 51 O.S. § 24A.30, OAH may order any material in the record sealed, per 12 O.S. § 3226(C)(2) and 51 O.S. § 24A.29.
(1) Materials are not sealed when the administrative law judge (ALJ) determines that a reasonable redaction resolves the issue or that the request is overbroad, such as an attempt to seal a general category of materials.When the motion to seal is denied, OAH directs that the materials are stricken or unsealed, with or without redaction as directed by the ALJ.
(2) Any protective order that authorizes materials to be filed or admitted under seal identifies those materials.The protective order is accessible to the same extent as any other document in the OAH court record.
(3) When the motion to seal is granted, OAH retains authority to unseal the material or order the person who initially submitted the material to OAH to submit a redacted version into the record.This authority may be exercised either upon the court's own motion or pursuant to a party's written motion, served upon all non-moving pro se parties and attorneys of record, and subsequently approved after an ALJ hearing.
(b) Redaction.It is solely the responsibility of counsel and the parties to ensure that all filed pleadings, papers, exhibits, or other documents are redacted as permitted by these rules or the assigned ALJ.The party submitting the redacted documents must not redact the originals; the redaction is made on copies of the originals, with the redacted copies submitted in substitution for the originals.OAH personnel, including clerks and administrative law judges, do not review any document to verify redaction and have no duty to do so.
(1) The parties may refrain from including or may redact all but the last four digits, when inclusion is necessary, of the personal identifiers from any submission, such as Social Security, taxpayer identification, routing, or financial account numbers.
(2) When a filer includes personal information, such as Social Security numbers, tax identification numbers, routing numbers, financial account numbers, driver license numbers, dates of birth, addresses, or other sensitive information, in any document filed with OAH, electronically or otherwise, the document becomes a public record as filed.
(c) Filing errors.
(1) Filers make every effort to ensure they do not file a document other than the one intended to be filed, that it is filed in the correct case, and the document does not contain information that must be filed under seal or with redaction.
(2) When a document is filed into the wrong case, the OAH clerk is notified by submitting a "Notice of Erroneous Filing" in paper form into the correct case.The OAH clerk is authorized to move the document after inspection, without alteration; however, the OAH clerk may impose the correct OAH case number on the document in the upper right hand corner when necessary.The OAH clerk may move the document through electronic, mechanical, or a combination of the two means.The filer does not refile the document unless directed to do so.Alternatively, the OAH clerk, after inspection of the document, may decline to move the document when the "Notice of Erroneous Filing," itself, is in error.The "Notice of Erroneous Filing" may be obtained from the OAH clerk or found on the Oklahoma Department of Human Services website.The filer is required to provide copies of the "Notice of Erroneous Filing" to all other parties and attorneys and to file a certificate of mailing, delivery, or service in OAH.
(3) When the OAH clerk determines the requesting party's "Notice of Erroneous Filing" is in error and declines to move the document, he or she notifies the requesting party by correspondence, with a copy of the correspondence filed in the same case as the "Notice of Erroneous Filing."The requesting party may be required to provide copies of such correspondence to the other pro se parties and attorneys of record and file a certificate of mailing, delivery, or service in OAH.
(4) When OAH discovers a filing error, the OAH clerk may enter a "Notice of Erroneous Filing," move the document, notify the original filer, and file a certificate of mailing, delivery, or service.The original filer may be required to provide copies to the other pro se parties and attorneys of record and file a certificate of mailing, delivery, or service in OAH.
(d) Confidentiality.
Nothing in this rule impacts the confidentiality of juvenile records or any other records the Legislature determined are confidential.
340:2-28-25.2 Redaction of original paper documents
Any original paper document maintained in the Office of Administrative Hearings: Child Support redacted by nontransparent tape, ink, or other media or means is deemed permanently redacted.
340:2-28-55. Appeal from administrative order
(a) Appeals from an administrative order must be are in accordance with Section 240.3 of Title 75 and Sections 318 through 323 of Title 75 of the Oklahoma Statutes 56 of the Oklahoma Statutes (56 O.S. § 240.3).
(b) Specifically, only Only final orders of the Office of Administrative Hearings: Child Support (OAH), may be appealed to the district court.Orders of OAH final orders are not stayed pending an appeal unless the except by district court orders order.
(b)(c) Notice of the appeal must be filed with A copy of appellant's petition in error and designation of record, identical to the originals filed in district court to commence the appeal, is mailed by regular mail to OAH and sent to the child support district office that handled the case at the time the order being appealed was issued for filing.A copy of the appellee's counter-designation of record, identical to the original filed in district court, is mailed by regular mail to OAH for filing.No other form of service for a petition in error, a designation of record, counter-designation of record, or request for a transcript upon OAH is permitted, including hand-delivery or digital means.
(d) OAH prepares or directs preparation of the official transcript by a licensed court reporter, when a transcript is requested.A transcript may be obtained when the requesting party submits a written request to OAH by regular mail for the transcript(s) and pays the deposit.OAH responds by letter to the requesting party, specifying the amount of the required deposit and acceptable forms of payment.
(e) After OAH receives the request and deposit, OAH prepares or directs preparation of the official transcript by a licensed court reporter.
(f) OAH notifies the requesting party when the transcript is complete and of the balance due that must be paid in full before the certified copy is mailed to the district court or to the parties.
